HomeMy WebLinkAbout20241582.tiffHEARING CERTIFICATION
DOCKET NO. 2024-23
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0004, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
WORKMAN'S LIVESTOCK, LLC, C/O PIVOT SOLAR 50, LLC, AND PIVOT SOLAR 51,
LLC
A public hearing was conducted on June 19, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 16, 2024, and duly published May 22,
2024, in the Greeley Tribune, a public hearing was conducted to consider the request of
Workman's Livestock, LLC, do Pivot Solar 50, LLC, and Pivot Solar 51, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR24-0004, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Karin McDougal, Deputy County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
the general location of the site, relayed 19 referrals were sent out and 12 agencies responded,
and stated there will be two (2) SEFs on the same parcel, known as Phase 1 and Phase 2. She
explained the original orientation of the facilities was east and west, but was changed to north
and south after concerns were expressed by the surrounding property owner (SPO) north of, and
adjacent to the subject site. She described the equipment associated with the solar panels, the
perimeter fencing and the landscape and screening requirements. She stated there are nine (9)
residences within 500 feet of the subject site, outlined the options for decreasing the visual
impacts to SPOs, described the surrounding zoning and uses, and mentioned there are water
rights associated with the land, which will be utilized for agrivoltaics. Ms. Aungst relayed notice
was sent to 22 SPOs, one (1) phone call was received from the SPO to the north, who expressed
concerns, and staff received an email from the applicant, which stated they had been in
communication with the SPO regarding his concerns. She stated the site is within the Coordinated
Planning Agreement (CPA) area of the City of Evans and Town of Kersey; the three (3) mile
referral area of the Cities of Greeley and Evans, and the Towns of Kersey and Garden City; and
the Evans Urban Growth Boundary area. She shared, per the Development Review staff, access
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2024-1582
PL2914
HEARING CERTIFICATION - WORKMAN'S LIVESTOCK, LLC, CIO PIVOT SOLAR 50, LLC,
AND PIVOT SOLAR 51, LLC (USR24-0004)
PAGE 2
will be on County Road (CR) 52, provided traffic counts for CR 52, as well as traffic information
associated with the site during construction, installation, and operation, and relayed Development
Review is requesting a Road Maintenance Agreement for construction. She entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed images
of the site and surrounding views.
El Lauren Light, Department of Public Health and Environment, stated since there will be no
employees onsite, screened, portable toilets can be used during construction, and she outlined
specifics from the applicant's Dust Mitigation Plan.
(Clerk's Note: For testimony from Kyle Sundman, speaking about Pivot Energy as a company,
and Angela Burke, speaking about Pivot's dual -portfolio (agrivoltaics), which were not presented
in this case, please reference Hearing Certification, HE24-29, document #2024-1554.)
▪ Kyle Sundman, Pivot Energy, represented the applicant and indicated he had not had contact
with any of the Commissioners regarding this case. Mr. Sundman referenced a PowerPoint
presentation (Exhibit D) and discussed Pivot's neighbor outreach efforts, including several phone
conversations and an in -person meeting with the SPO to the north, and explained the orientation
shift to the SEF was a result of these conversations. He described the water lease situation with
the City of Aurora as a year-to-year lease, and stated their hope is to have water for at least
two (2) years, to justify the investment of the drip tape that will be installed under the solar panels.
Alisha Acosta, Workman's Livestock, read a prepared statement (Exhibit E) explaining why
they chose to pursue a SEF on their land and expressed support for said SEF.
No other public testimony was offered concerning this matter.
• In response to Chair Ross, Mr. Sundman indicated, on behalf of the applicant, he had
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
presented.
The Board discussed the Conditions of Approval and Development Standards (DS), and in
response to Chair Ross, Ms. Aungst explained DS #27 and #33 had been stricken, as they were
included inadvertently. The Board made no changes to the Resolution, as presented.
▪ Commissioner James moved to approve the request of Workman's Livestock, LLC,
c/o Pivot Solar 50, LLC, and Pivot Solar 51, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR24-0004, for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards, as presented. The motion was seconded by Commissioner Saine, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:34 a.m.
2024-1582
PL2914
HEARING CERTIFICATION - WORKMAN'S LIVESTOCK, LLC, C/O PIVOT SOLAR 50, LLC,
AND PIVOT SOLAR 51, LLC (USR24-0004)
PAGE 3
This Certification was approved on the 3rd day of July, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .. . %.sl ,t,o ok
Weld County Clerk to the Board
BY.
Deputy Clerk to the B
EXCUSED DATE OF APPROVAL
Key,i-B,,,Ross, Chair
EXCUSED DATE OF APPROVAL
Pro-Tem
Mike reeman
ScotW. James
Lori Saine
2024-1582
PL2914
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